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LUZVIMINDA DELA CRUZ MORISONO, PETITIONER, VS.

RYOJI* MORISONO AND


LOCAL CIVIL REGISTRAR OF QUEZON CITY, RESPONDENTS.

2018-07-02 | G.R. No. 226013

DECISION

PERLAS-BERNABE, J.:

This is a direct recourse to the Court from the Regional Trial Court of Quezon City, Branch 105 (RTC),
through a petition for review on certiorari[1] assailing the Decision[2] dated July 18, 2016 of the RTC in SP.
PROC. NO. Q-12-71830 which denied petitioner Luzviminda Dela Cruz Morisono's (Luzviminda) petition
before it.

The Facts

Luzviminda was married to private respondent Ryoji Morisono (Ryoji) in Quezon City on December 8, 2009.[3]
Thereafter, they lived together in Japan for one (1) year and three (3) months but were not blessed with a
child. During their married life, they would constantly quarrel mainly due to Ryoji's philandering ways, in
addition to the fact that he was much older than Luzviminda.[4] As such, she and Ryoji submitted a "Divorce by
Agreement" before the City Hall of Mizuho-Ku, Nagoya City, Japan, which was eventually approved on
January 17, 2012 and duly recorded with the Head of Mizuho-Ku, Nagoya City, Japan on July 1, 2012.[5] In
view of the foregoing, she filed a petition for recognition of the foreign divorce decree obtained by her and
Ryoji[6] before the RTC so that she could cancel the surname of her former husband in her passport and for
her to be able to marry again.[7]

After complying with the jurisdictional requirements, the RTC set the case for hearing. Since nobody
appeared to oppose her petition except the government, Luzviminda was allowed to present her evidence
ex-parte. After the presentation and absent any objection from the Public Prosecutor, Luzviminda's formal
offer of evidence was admitted as proof of compliance with the jurisdictional requirements, and as part of the
testimony of the witnesses.[8]

The RTC Ruling

In a Decision[9] dated July 18, 2016, the RTC denied Luzviminda's petition. It held that while a divorce
obtained abroad by an alien spouse may be recognized in the Philippines – provided that such decree is valid
according to the national law of the alien – the same does not find application when it was the Filipino spouse,
i.e., petitioner, who procured the same. Invoking the nationality principle provided under Article 15 of the Civil
Code, in relation to Article 26 (2) of the Family Code, the RTC opined that since petitioner is a Filipino citizen
whose national laws do not allow divorce, the foreign divorce decree she herself obtained in Japan is not
binding in the Philippines;[10] hence, this petition.

The Issue Before the Court

The issue for the Court's resolution is whether or not the RTC correctly denied Luzviminda's petition for
recognition of the foreign divorce decree she procured with Ryoji.

The Court's Ruling

The petition is partly meritorious.

The rules on divorce prevailing in this jurisdiction can be summed up as follows: first, Philippine laws do not
provide for absolute divorce, and hence, the courts cannot grant the same; second, consistent with Articles 15[11]
and 17[12]of the Civil Code, the marital bond between two (2) Filipino citizens cannot be dissolved even by an
absolute divorce obtained abroad; third, an absolute divorce obtained abroad by a couple, who are both
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aliens, may be recognized in the Philippines, provided it is consistent with their respective national laws; and
fourth, in mixed marriages involving a Filipino and a foreigner, the former is allowed to contract a
subsequent marriage in case the absolute divorce is validly obtained abroad by the alien spouse
capacitating him or her to remarry.[13]

The fourth rule, which has been invoked by Luzviminda in this case, is encapsulated in Article 26 (2) of the
Family Code which reads:

Article 26. x x x

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino
spouse shall likewise. have capacity to remarry under Philippine law.

This provision confers jurisdiction on Philippine courts to extend the effect of a foreign divorce decree to a
Filipino spouse without undergoing trial to determine the validity of the dissolution of the marriage. It
authorizes our courts to adopt the effects of a foreign divorce decree precisely because the Philippines does
not allow divorce. Philippine courts cannot try the case on the merits because it is tantamount to trying a
divorce case. Under the principles of comity, our jurisdiction recognizes a valid divorce obtained by a spouse
of foreign nationality, but the legal effects thereof, e.g., on custody, care and support of the children or
property relations of the spouses, must still be determined by our courts. The rationale for this rule is to avoid
the absurd situation of a Filipino as still being married to his or her alien spouse, although the latter is no
longer married to the former because he or she had obtained a divorce abroad that is recognized by his or her
national law.[14] In Corpuz v. Sto. Tomas,[15] the Court held:

As the RTC correctly stated, the provision was included in the law "to avoid the absurd situation
where the Filipino spouse remains married to the alien spouse who, after obtaining a divorce, is
no longer married to the Filipino spouse." The legislative intent is for the benefit of the Filipino
spouse, by clarifying his or her marital status, settling the doubts created by the divorce decree.
Essentially, the second paragraph of Article 26 of the Family Code provided the Filipino spouse
a substantive right to have his or her marriage to the alien spouse considered as dissolved,
capacitating him or her to remarry. Without the second paragraph of Article 26 of the Family Code,
the judicial recognition of the foreign decree of divorce, whether in a proceeding instituted precisely for
that purpose or as a related issue in another proceeding, would be of no significance to the Filipino
spouse since our laws do not recognize divorce as a mode of severing the marital bond; Article 17 of
the Civil Code provides that the policy against absolute divorces cannot be subverted by judgments
promulgated in a foreign country. The inclusion of the second paragraph in Article 26 of the Family
Code provides the direct exception to this rule and serves as basis for recognizing the dissolution of the
marriage between the Filipino spouse and his or her alien spouse.

Additionally, an action based on the second paragraph of Article 26 of the Family Code is not limited to
the recognition of the foreign divorce decree. If the court finds that the decree capacitated the alien
spouse to remarry, the courts can declare that the Filipino spouse is likewise capacitated to
contract another marriage.No court in this jurisdiction, however, can make a similar declaration for
the alien spouse (other than that already established by the decree), whose status and legal capacity
are generally governed by his national law.[16](Emphases and underscoring supplied)

According to Republic v. Orbecido III,[17] the following elements must concur in order for Article 26 (2) to apply,
namely: (a) that there is a valid marriage celebrated between a Filipino citizen and a foreigner; and (b) that a
valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.[18] In the same case,
the Court also initially clarified that Article 26 (2) applies not only to cases where a foreigner was the one who
procured a divorce of his/her marriage to a Filipino spouse, but also to instances where, at the time of the
celebration of the marriage, the parties were Filipino citizens, but later on, one of them acquired foreign
citizenship by naturalization, initiated a divorce proceeding, and obtained a favorable decree.[19]

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However, in the recent case of Republic v. Manalo (Manalo),[20] the Court En Banc extended the application of
Article 26 (2) of the Family Code to further cover mixed marriages where it was the Filipino citizen who
divorced his/her foreign spouse. Pertinent portions of the ruling read:

Now, the Court is tasked to resolve whether, under the same provision, a Filipino citizen has the
capacity to remarry under Philippine law after initiating a divorce proceeding abroad and
obtaining a favorable judgment against his or her alien spouse who is capacitated to remarry. x
x x.

We rule in the affirmative.

xxxx

When this Court recognized a foreign divorce decree that was initiated and obtained by the
Filipino spouse and extended its legal effects on the issues of child custody and property
relation, it should not stop short in likewise acknowledging that one of the usual and necessary
consequences of absolute divorce is the right to remarry. Indeed, there is no longer a mutual
obligation to live together and observe fidelity. When the marriage tie is severed and ceased to exist,
the civil status and the domestic relation of the former spouses change as both of them are freed from
the marital bond.

xxxx

Paragraph 2 of Article 26 speaks of "a divorce x x x validly obtained abroad by the alien spouse
capacitating him or her to remarry." Based on a clear and plain reading of the provision, it only
requires that there be a divorce validly obtained abroad. The letter of the law does not demand
that the alien spouse should be the one who initiated the proceeding wherein the divorce
decree was granted. It does not distinguish whether the Filipino spouse is the petitioner or the
respondent in the foreign divorce proceeding. The Court is bound by the words of the statute;
neither can We put words in the mouths of the lawmakers. "The legislature is presumed to know the
meaning of the words, to have used words advisedly, and to have expressed its intent by the use of
such words as are found in the statute. Verba legis non est recedendum, or from the words of a statute
there should be no departure."

Assuming, for the sake of argument, that the word "obtained" should be interpreted to mean that the
divorce proceeding must be actually initiated by the alien spouse, still, the Court will not follow the letter
of the statute when to do so would depart from the true intent of the legislature or would otherwise yield
conclusions inconsistent with the general purpose of the act. Laws have ends to achieve, and statutes
should be so construed as not to defeat but to carry out such ends and purposes. x x x.

xxxx

To reiterate, the purpose of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino
spouse remains married to the alien spouse who, after a foreign divorce decree that is effective in the
country where it was rendered, is no longer married to the Filipino spouse. The provision is a corrective
measure to address an anomaly where the Filipino spouse is tied to the marriage while the foreign
spouse is free to marry under the laws of his or her country. Whether the Filipino spouse initiated
the foreign divorce proceeding or not, a favorable decree dissolving the marriage bond and
capacitating his or her alien spouse to remarry will have the same result: the Filipino spouse
will effectively be without a husband or wife. A Filipino who initiated a foreign divorce
proceeding is in the same place and in like circumstance as a Filipino who is at the receiving
end of an alien initiated proceeding. Therefore, the subject provision should not make a
distinction. In both instance, it is extended as a means to recognize the residual effect of the

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foreign divorce decree on Filipinos whose marital ties to their alien spouses are severed by
operation of the latter's national law.

xxxx

A Filipino who is married to another Filipino is not similarly situated with a Filipino who is
married to a foreign citizen. There are real, material and substantial differences between them.
Ergo, they should not be treated alike, both as to rights conferred and liabilities imposed.
Without a doubt, there are political, economic, cultural, and religious dissimilarities as well as varying
legal systems and procedures, all too unfamiliar, that a Filipino national who is married to an alien
spouse has to contend with. More importantly, while a divorce decree obtained abroad by a Filipino
against another Filipino is null and void, a divorce decree obtained by an alien against his or her
Filipino spouse is recognized if made in accordance with the national law of the foreigner.

On the contrary, there is no real and substantial difference between a Filipino who initiated a
foreign divorce proceedings and a Filipino who obtained a divorce decree upon the instance of
his or her alien spouse. In the eyes of the Philippine and foreign laws, both are considered as
Filipinos who have the same rights and obligations in an alien land. The circumstances
surrounding them are alike. Were it not for Paragraph 2 of Article 26, both are still married to
their foreigner spouses who are no longer their wives/husbands. Hence, to make a distinction
between them based merely on the superficial difference of whether they initiated the divorce
proceedings or not is utterly unfair. Indeed, the treatment gives undue favor to one and unjustly
discriminate against the other.

xxxx

The declared State policy that marriage, as an inviolable social institution, is the foundation of the
family and shall be protected by the State, should not be read in total isolation but must be harmonized
with other constitutional provisions. Aside from strengthening the solidarity of the Filipino family, the
State is equally mandated to actively promote its total development. It is also obligated to defend,
among others, the right of children to special protection from all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to their development. To our mind, the State cannot
effectively enforce these obligations if We limit the application of Paragraph 2 of Article 26 only to those
foreign divorce initiated by the alien spouse. x x x.

A prohibitive view of Paragraph 2 of Article 26 would do more harm than good. If We disallow a Filipino
citizen who initiated and obtained a foreign divorce from the coverage of Paragraph 2 of Article 26 and
still require him or her to first avail of the existing "mechanisms" under the Family Code, any
subsequent relationship that he or she would enter in the meantime shall be considered as illicit in the
eyes of the Philippine law. Worse, any child born out of such "extra-marital" affair has to suffer the
stigma of being branded as illegitimate. Surely, these are just but a few of the adverse consequences,
not only to the parent but also to the child, if We are to hold a restrictive interpretation of the subject
provision. The irony is that the principle of inviolability of marriage under Section 2, Article XV of the
Constitution is meant to be tilted in favor of marriage and. against unions not formalized by marriage,
but without denying State protection and assistance to live-in arrangements or to families formed
according to indigenous customs.

This Court should not turn a blind eye to the realities of the present time. With the advancement of
communication and information technology, as well as the improvement of the transportation system
that almost instantly connect people from all over the world, mixed marriages have become not too
uncommon. Likewise, it is recognized that not all marriages are made in heaven and that imperfect
humans more often than not create imperfect unions. Living in a flawed world, the unfortunate reality
for some is that the attainment of the individual's full human potential and self-fulfillment is not found

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and achieved in the context of a marriage. Thus, it is hypocritical to safeguard the quantity of existing
marriages and, at the same time, brush aside the truth that some of them are of rotten quality.

Going back, We hold that marriage, being mutual and shared commitment between two parties,
cannot possibly be productive of any good to the society where one is considered released
from the marital bond while the other remains bound to it. x x x.[21] (Emphases and underscoring
supplied)

Thus, pursuant to Manalo, foreign divorce decrees obtained to nullify marriages between a Filipino and an
alien citizen may already be recognized in this jurisdiction, regardless of who between the spouses initiated
the divorce; provided, of course, that the party petitioning for the recognition of such foreign divorce decree –
presumably the Filipino citizen – must prove the divorce as a fact and demonstrate its conformity to the
foreign law allowing it.[22]

In this case, a plain reading of the RTC ruling shows that the denial of Luzviminda's petition to have her
foreign divorce decree recognized in this jurisdiction was anchored on the sole ground that she admittedly
initiated the divorce proceedings which she, as a Filipino citizen, was not allowed to do. In light of the doctrine
laid down in Manalo, such ground relied upon by the RTC had been rendered nugatory. However, the Court
cannot just order the grant of Luzviminda's petition for recognition of the foreign divorce decree, as
Luzviminda has yet to prove the fact of her. "Divorce by Agreement" obtained, in Nagoya City, Japan and its
conformity with prevailing Japanese laws on divorce. Notably, the RTC did not rule on such issues. Since
these are questions which require an examination of various factual matters, a remand to the court a quo is
warranted.

WHEREFORE, the petition is PARTLY GRANTED. The Decision dated July 18, 2016 of the Regional Trial
Court of Quezon City, Branch 105 in SP. PROC. NO. Q-12-71830 is hereby REVERSED and SET ASIDE.
Accordingly, the instant case is REMANDED to the court a quo for further proceedings, as directed in this
Decision.

SO ORDERED.

Carpio, (Chairperson), Peralta, and Reyes, Jr., JJ., concur.


Caguioa, J., maintains dissent in RP vs. Manalo. See separate concurring opinion.
_________________________

*
"Kyoji" in some parts of the rollo.

[1]
Rollo, pp. 9-25.

[2]
Id. at 26-29. Penned by Presiding Judge Rosa M. Samson.

[3]
Id. at 26 and 30.

[4]
Id. at 27.

[5]
See Divorce Notification; id. at 37-38.

[6]
Dated August 24, 2012. Id. at 30-33.

[7]
See id. at 27.

[8]
See id. at 27-28.

[9]
Id. at 26-29.
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[10]
See id. at 28-29.

Article 15 of the Civil Code reads:


[11]

Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons
are binding upon citizens of the Philippines, even though living abroad.

Article 17 of the Civil Code reads:


[12]

Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by
the laws of the country in which they are executed.

[13]
See Republic v. Manalo, G.R No. 221029, April 24, 2018; citations omitted.

[14]
See id.; citations omitted

[15]
642 Phil. 420 (2010).

[16]
Id. at 430; citations omitted.

[17]
509 Phil. 108 (2005).

[18]
Id. at 115.

[19]
See supra note 13.

[20]
Id.

[21]
See id.; citations omitted.

See id.; citing Garcia v. Recio, 418 Phil. 723, 731 (2001). See also Medina v. Koike, 791 Phil. 645 (2016);
[22]

Corpuz v. Sto. Tomas, supra note 15; Bayot v. CA, 591 Phil. 452 (2008); and San Luis v. San Luis, 543 Phil.
275 (2007).

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